Page:United States Statutes at Large Volume 20.djvu/360

 FORTY-FIFTH CONGRESS. Sess. lll. C11. 125. 1879. 335 sioncr of Internal Revenue for the purpose of making surveys of distilleries in that district, to make a survey of such distillery for the purpose of estimating and determining its true spirit-producing capacity for a day of twenty-four hours. In all surveys, forty-five gallons of mash or Basis ofcapacity. beer brewed or fermented from grain shall represent not less than one bushel of grain, and seven gallons of mash or beer brewed or fermented from molasses shall represent not less than one gallon of molasses, except i11 distilleries operating on the sour mash principle, in which distilleries sixty gallons of beer brewed or fermented from grain shall represent not less than one bushel of grain. A written report of such s1u·vey Reportofsurvey. shall be made in triplicate, of which one copy shall be delivered to the distiller, one copy shall be retained by the collector, and one copy shall be transmitted to the Commissioner of Internal Revenue, and the survey shall take eftect upon the delivery of such copy to the distiller. When- Rcsm-Vey_ ever the Commissioner is satisfied that any report of the capacity of a distillery is incorrect or needs revision, he shall direct the collector to make in like manner another survey of said distillery, and the report thereof shall be made and deposited as hereinbefore required: Pro- Precise. vided, That the survey of any distillery estimated and stated by the distiller, in his notice of intention to distill, as capable of distilling not more than one hundred and fifty proofgallons of distilled spirits every twenty-four hours may be made by the collector or by a deputy collector without the aid of an assistant; and that all surveys made ior the pur- Correcting surpose of correcting clerical errors or errors of computation existing in the WFS report of a previous s1u·vey, and all surveys made for the purpose of changing the true spirit—producing capacity of any distillery for a day of twenty-fotu· hours as estimated and determined by a. previous survey, but which surveys do 11ot require the remeasuring of the fermentingtubs in a grain or molasses distillery, or the still or stills in a distillery of apples, peaches, or grapes exclusively, may be made without taking the measurements of the fermenting tubs or stills, as the case may be, and without revisiting the distillery: And proridedjlerther, That the Com- _ Special survey- missioner of Internal Revenue may, whenever he shall deem it proper, mg °f¤°°*`- designate an officer, agent, or person other than the collector or deputy collector, to make, with or without the aid of a designated assistant, the surveys and resurveys hereinabove provided for." That section thirty-two hundred and seventy-six and section thirty- R. S. 3276, two hundred and eighty six be amended by inserting, before the words R· S· 33% “ one thousand dol1a.rs" wherever they occur in each of said sections, the Ama ‘°‘ ‘ words °‘ not exceeding". That section thirty-two hundred and eighty-two of the Revised Stat- R. S. 3-282, utes be amended by striking out the words “ or any vapor of alcohohc Am¤¤d°d- spirits ", immediately following the word “ alcohol" in the eighth line of said section, and also by striking out the words at the close of said section namely: “But nothing herein contained shall be construed to authorize the distillation of such fermented liquids except in an authorized distillery ”, and inserting in lieu thereof the following: “But no worm, goose-neck, pipe, conductor, or contrivance of any description whatsoever whereby vapor might in any manner be conveyed away and converted into distilled spirits, shall be used or employed or be fastened to or cormected with any vaporizing apparatus used for the manufacture vinegar factory of vinegar; nor shall any worm be permitted on or near the premises where such vaporizing process is carried on. Nor shall any vinegar factory, for the manufacture of vinegar as aforesaid, be permitted within six hundred feet of any distillery or rectifying house. But it shall be lawful for manufacturers of vinegar to separate, by a vaporizing process, vaporizing, the alcoholic property from the mash produced by them, and condense the same by introducing it into the water or other liquid used in making vinegar. No person, however shall remove, or cause to be removed, from any vinegar factory or place where vinegar is made, any vinegar or other iluid or material containing a greater proportion than two per centum of proof spirits. Any violation of this provision shall incur a P¤¤¤l¢y·